HCS HB 160 -- UNDERGROUND FACILITY SAFETY

SPONSOR:  Mays, 50 (O'Toole)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Utilities
Regulation by a vote of 11 to 7.

This substitute makes several change to underground facility
safety and damage prevention laws.  The substitute:

(1)  Requires all owners and operators of underground pipeline
facilities to participate in a statewide notification center.
Current law does not require participation;

(2)  Requires investor-owned utilities, rural electric
cooperatives, and other owners and operators of underground
facilities to participate in the notification center effective
January 1, 2001.  Municipal utilities and public and private
sewer and water districts must participate in the notification
center effective January 1, 2002;

(3)  Requires notification centers to maintain a current list of
participating owners and operators, which must be made available
to excavators upon request.  The notification centers may charge
a reasonable fee to those requesting a copy of the list to cover
the costs of printing and mailing;

(4)  Terminates the requirement of the Recorder of Deeds to
maintain a current list of owners and operators and their
underground facilities on December 31, 2000;

(5)  Changes notification requirements.  Until December 31,
2000, excavators must notify the notification center and
directly notify those owners and operators registered with the
Recorder of Deeds at least 2 but not more than 10 working days
prior to excavation.  Effective January 1, 2001, notice to the
notification center is considered notice to all owners and
operators of underground facilities;

(6)  Changes the notice of intent to excavate to include a
facsimile number, if available, availability of a person between
8:00 a.m. and 5:00 p.m. on working days, and a recording device
at the telephone number;

(7)  Changes the notification procedures when during an
excavation, the excavator discovers that the owner or operator
has incorrectly located the underground facility.  The
substitute requires the excavator to notify the notification
center which will inform the participating owner or operator, or
prior to January 1, 2001, the excavator will directly notify the
owner or operator;

(8)  Allows excavators to continue working in a marked area so
long as the markings are visible.  If the markings become
unusable, the excavator must call the notification center to
request remarking;

(9)  Changes the time frame for a meeting on-site of the owner
or operator and the excavator from within 48 hours to 2 working
days of the request for marking and allows the location to be
marked at the time of the meeting;

(10)  Allows the owner or operator to give notice of no
facilities at the site by leaving a message on the excavator's
recording device, sending a fax message to the excavator,
marking "no facilities" or "clear" at the site, or verbally
informing the excavator at the site.  Two documented attempts to
reach the excavator by telephone constitute compliance;

(11)  Requires the excavator to give second notice to the same
entity to whom original notice was made prior to excavation if
the owner or operator fails to give location information.  If
after second notice, the owner or operator fails to give
location information during the next working day, the excavator
may begin excavation;

(12)  Prohibits after January 1, 2001, the recovery of damages
by any owner or operator failing to participate in the
notification center when notice of excavation was given;

(13)  Changes the damage notification requirement from notifying
the notification center and the owner or operator to notifying
the only notification center effective January 1, 2001; and

(14)  Specifies in which emergency situations excavation is
allowed without regard to notification requirements.  Emergency
excavation is allowed for unexpected occurrences, including
fires, floods, earthquakes, and riots.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that requiring owners of underground
lines or pipes to join a notification center helps to prevent
excavators from breaking lines or pipes and disrupting service.

Testifying for the bill were Representative O'Toole; Missouri
One-Call; Associated General Contractors of Missouri; Twehouse
Excavating; Public Service Commission; Laclede Gas Co.; AT&T;
Southwestern Bell Telephone Co.; AmerenUE; Bi-State Utility Co.;
Site Improvement Association; St. Louis Area Contractors'
Association; and Empire District Electric Company; and Missouri
Oil Council.

OPPONENTS:  Those who oppose the bill say that this is a cost--
shifting bill and that benefits accrue to contractors, not
utility companies.  They also say that water service lines are
owned by property owners, not water utility companies.

Testifying against the bill were St. Louis County Water Company;
National Association of Water Companies; Illinois-Missouri
Chapter of National Association of Water Companies; Missouri
Cable Telecommunications Association; and Missouri Association
of Electric Cooperatives.

Donna Schlosser, Legislative Analyst

HB 160 -- Underground Facility Safety

Sponsor:  O'Toole

This bill makes several changes to underground facility safety
and damage prevention laws.  The bill:

(1)  Requires all owners and operators of underground pipeline
facilities to participate in a statewide notification center,
effective January 1, 2001.  Current law does not require
participation;

(2)  Requires notification centers to maintain a current list of
participating owners and operators, which must be made available
to excavators.  The notification centers may charge a reasonable
fee to cover costs of printing and mailing;

(3)  Requires all owners and operators of underground facilities
who do not participate in a notification center to register with
the county Recorder of Deeds.  The Recorder of Deeds will
maintain a current list until December 31, 2000;

(4)  Requires owners or operators of underground pipeline
facilities to notify annually excavators that give notice of
their intent to excavate prior to January 1, 2001, of the type
of marking to be provided and how to identify the markings;

(5)  Changes notification requirements.  Until December 31,
2000, excavators must notify the notification center and
directly notify those owners and operators on the Recorder of
Deeds list at least 2 but not more than 10 working days in
advance of the excavation.  Effective January 1, 2001, notice to
the notification center will be considered notice to all owners
and operators of underground facilities;

(6)  Changes the notice of intent to excavate to include a
facsimile number, if available, in addition to the currently
required information;

(7)  Changes the notification procedures when during excavation,
the excavator discovers that the owner or operator has
incorrectly located the underground facility.  The bill requires
the excavator to notify the notification center which will
inform the participating owner or operator, or prior to January
1, 2001, the excavator will directly notify the owner or
operator;

(8)  Allows excavators to continue working in a marked area so
long as the markings are visible.  If the markings become
unusable, the excavator must call the notification center to
request remarking;

(9)  Changes the time frame for a meeting on-site of the owner
or operator and the excavator from within 48 hours to 2 working
days of the request for marking and allows the location to be
marked at the time of the meeting;

(10)  Requires the excavator to give second notice to the same
entity to whom original notice was made prior to excavation if
the owner or operator fails to give location information.  If
after second notice, the owner or operator fails to give
location information during the next working day, the excavator
may begin excavation;

(11)  Prohibits after January 1, 2001, the recovery of damages
by any owner or operator failing to participate in the
notification center when notice of excavation was given;

(12)  Changes the damage notification requirement from notifying
the notification center and the owner or operator to notifying
the only notification center effective January 1, 2001; and

(13)  Specifies in which emergency situations excavation is
allowed without regard to notification requirements.  Emergency
excavation is allowed for unexpected occurrences, including
fires, floods, earthquakes, and riots.